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A Collection of Newfoundland Wills(A)Henry Adams

Will of Henry Adams
from Newfoundland will books volume 3 pages 193 to 200 probate year 1870(according to the wills index)

In re Henry Adams deceased.

I Henry Adams of Shaldon in the parish of Saint Nicholas in the County of Devon Master Mariner hereby revoke all wills and testamentary instruments heretofore made by me and declare this to be my last will and testament. I desire that my just debts be paid. I give devise and bequeath all real and personal estate whatsoever as well out of as in Great Britain of or to which I shall die seized or possessed or entitled or be able to dispose of by will unto William Rendell of Plymouth in the County of Devon Merchant and Henry Adams Beer of Shaldon aforesaid Master Mariner and their heirs executors administrators and assigns upon trust to raise by sale of such part or parts of my real or personal estate as my said trustees or trustee shall think fit enough money to enable them to pay and discharge all my debts and funeral and testamentary expenses and subject thereto I direct the trustees or trustee for the time being of my will either to continue the rest of my estate including my chattels real if any unsold unconverted or from time to time with the consent of the person or the majority of the persons for the time being entitled to the income of my trust estates or such of them as shall be of full age and notwithstanding coverture to sell or convert into money my real and personal estate or any part or parts thereof And I declare that the net produce of every such sale and conversion shall be invested with such consent in some of the modes following purchase or mortgages of real estate or chattels real Public Funds Government securities Bank of England Stock, East India Company’s Stock, Preference Shares or Preference Stock or Debentures or Debenture Stock of any Public Company incorporated by Act of Parliament or Royal Charter And I direct that all real estate so purchased shall be conveyed to my trustees or trustee upon the trusts of this my will and shall be subject to the trust for sale with consent hereinbefore contained And I declare that my trustees or trustee for the time being shall be at liberty from time to time with such consent as aforesaid to vary the existing investment of any part of my trust estate for any other investment hereby authorized and I declare that my trustees or trustee for the time being shall stand seized and possessed of my trust estate and the securities of which the same shall from time to time consist Upon trust to pay the rents interest and annual produce thereof after payment thereout in the first place of all monies disbursed for repairing any buildings comprised in my said estate or for keeping the same in good repair and insured against loss or damage by fire to my wife Ann Adams during her life And after her death upon trust for my nephews and nieces hereinafter named the children of my deceased sister Elizabeth Pariman Beer and their respective issue in the shares and manner following videlicet as to one equal fifth part of the said Trust estate and securities and the income thereof which is hereinafter referred to as the first fifth Upon trust to pay the annual income thereof to my niece Elizabeth Towill the wife of William Towill of Shaldon aforesaid Master Mariner for her life And after her death upon trust for all the children or the only child then living of the said Elizabeth Towill and the issue of any such child then deceased and their respective heirs executors and administrators in equal shares as between such children but the issue of any such deceased child or children to take per stirpes such share as such deceased child would have been entitled to if then living and as to one other equal fifth part of the said trust estate and securities and the income thereof upon trust to pay the annual income thereof to my nephew Charles Beer of Shaldon aforesaid Master Mariner for his life and after his death upon trust for his child children and issue corresponding to the trusts hereinbefore declared of the first fifth in favor of the child children and issue of the said Elizabeth Towill

And as to one other equal fifth part of the said trust estate and securities and the income thereof Upon trust to pay the annual income thereof to my said nephew Henry Adams Beer for his life and after his death upon trusts for the child children and issue corresponding to the trusts hereinbefore declared of the first fifth in favor of the child children and issue of the said Elizabeth Towill

And as to one other equal fifth part of the said trust estate and securities and the income thereof upon trust to pay the annual income thereof to my niece Mary Eales wife of Thomas Eales of Shaldon aforesaid Master Mariner for her life and after her death upon trusts for her child children and issue corresponding to the trusts hereinbefore declared of the first fifth in favor of the child children and issue of the said Elizabeth Towill

And as to the remaining equal fifth part of the said trust estate and securities and the income thereof Upon trust to pay the annual income thereof to my niece Lydia Ann White of Shaldon aforesaid Widow for her life and after her death Upon trusts for her child children and issue corresponding to the trusts hereinbefore declared of the first fifth in favor of the child children and issue of the said Elizabeth Towill

And I declare that if any one or more of them the said Elizabeth Towill Charles Beer Henry Adams Beer Mary Eales and Lydia Ann White shall die without leaving any issue living at his or her death the share of my estate as well original as by virtue of this provision for accrue to the income of which the nephew or nice so dying shall have been entitled for life shall thereupon be divisible between the survivors or survivor of my said nephews and nieces and the children or issue then living of such of my nephews and nieces as shall have died leaving issue such division to be by stirpes so that no child of any deceased parent shall take a larger share than such deceased parent would if living have been entitled to and so that the survivors or survivor of my said nephews and nieces shall take only a life interest in the income of such accrued share with remainder among their respective children or issue in like manner as hereinbefore declared as to the original one fifth bequeathed for their benefit respectively.

I declare that all income and capital to which any married woman shall become entitled under this my will shall be paid to or held in trust for every such married woman during her coverture for her sole and separate use independent of her husband.

I empower my trustees or trustee for the time being upon any sale of any property under this my will to make such sale by public auction or private contract and subject or not to special conditions of sale and to buy in and to rescind or vary any contract for sale and to resell without being responsible for any loss thereby occurring And I declare that the receipt of the trustees or trustee for the time being of my will for any rents money or securities paid or transferred to them or him in pursuance of my will shall effectually discharge the person or persons paying or transferring the same therefrom and from being obliged to see to the application thereof or responsible for any loss or nonapplication thereof I authorize my trustees or trustee for the time being with such consent as hereinbefore mentioned to demise or appoint by way of demise all or any part of the hereditaments which shall from time to time be vested in them upon the trusts of this my will for any term or terms of years not exceeding twenty one years in possession of rack rent and also to grant Building leases of any part or parts of the said hereditaments for any term or terms not exceeding sixty six years in possession without fine or premium to any person willing to build thereon or to repair rebuild or improve existing buildings thereon and also from time to time to appoint any person or persons to manage my property in Newfoundland or elsewhere out of Great Britain at such salary or commission as my said trustees or trustee shall think fit. I authorize my said trustees or trustee whenever any person entitled to any share of my trust estate shall be under the age of twenty one years to raise any part or parts of the share of such person under the trusts hereinbefore declared and to pay or apply the same for the preferment advancement or benefit of such person as my said trustees or trustee shall think fit. I direct my trustees or trustee during the minority of any person entitled in possession to any share of my trust estate to pay or apply the whole or such part as they or he shall think fit of the income of the share to which such person shall be so entitled for or towards his or her maintenance or education and to accumulate the residue of such income at compound interest by investing the same and the resulting income thereof in any investment hereinbefore mentioned for the benefit of the person or persons who shall become entitled to the principal fund from which the same respectively shall have proceeded with power in any year to resort to the accumulations of any preceding year or years and apply the same as if they had been income of the then current year

And I declare that if the trustees hereby constituted or either of them shall die in my lifetime or if they or either of them or any trustee or trustees appointed as hereinafter provided shall die or be abroad or desire to retire or refuse or become incapable to act in every such case it shall be lawful for the surviving or continuing trustee or trustees for the time being (including any retiring or refusing trustee (if willing to act in the execution of this power) or for the acting executors or executor administrators or administrator of the last surviving or continuing trustee to appoint a new trustee or new trustees in the place of the trustee or trustees so dying being abroad desiring to retire or refusing or becoming incapable to act as aforesaid And upon every or any such appointment to increase or diminish the number of the trustees and on every such appointment the existing Trust estates monies and securities shall be so assured and transferred as to vest in the old and new trustees jointly or in the new trustees solely as occasion may require and as well before as after such vesting every new trustee so appointed shall have power to act or assist in the execution of the trusts and powers of this my will as fully and effectually as if he had been hereby constituted a trustee And I appoint the said William Rendell and Henry Adams Beer executors of this my will.

In witness whereof I have to this my last will and testament contained in five sheets of paper set my hand to each sheet thereof the fourth day of November one thousand eight hundred and sixty three.

Henry Adams. Signed by the said Henry Adams the testator as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses, J.H. Tozer, Teignmouth, Solr. W. Saunders his clerk.

This is a codicil to the last will and testament of me Henry Adams of Shaldon in the Parish of Saint Nicholas in the County of Devon Master Mariner which will bears date the fourth day of November one thousand eight hundred and sixty three. Whereas since the date of my said will my dear wife Ann Adams therein mentioned hath departed this life And Whereas by my said will I devised and bequeathed all my real and personal estate whatsoever to the trustees therein mentioned upon certain trusts therein expressed for the benefit of the persons in my said will named Now I hereby revoke my said will so far as it comprises my dwelling house with garden courtlage and appurtenances thereto belonging situated at Shaldon aforesaid and in which I now reside and also so far as it comprises all and singular my household goods furniture and effects which may be in and upon the same premises at the time of my decease And I hereby give devise and bequeath the same dwelling house garden and courtlage with the appurtenances thereto belonging and also my household goods furniture and effects which shall be in and upon the same premises at the time of my death unto and to the use and for the absolute benefit of my niece Lydia Ann White of Shaldon aforesaid Widow and my nephew Henry Adams Beer their heirs executors administrators and assigns according to the nature thereof respectively as tenants in common but except as hereinbefore contained I confirm my said will in all other respects

In witness whereof I have to this codicil to my will set my hand this twenty ninth day of November one thousand eight hundred and sixty five.

Henry Adams. Signed by the said Henry Adams as and for a codicil to his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses, J.H. Tozer, Teignmouth, Gentn. Chas. W. Fowler, Solr. Clerk to Messrs. Whidborne & Tozer, Teignmouth.

This is a second codicil to the last will and testament of me Henry Adams of Shaldon in the parish of Saint Nicholas in the County of Devon Master Mariner which will bears date the fourth day of November one thousand eight hundred and sixty three and the first codicil thereto being dated the twenty ninth day of November on thousand eight hundred and sixty five.

Whereas by my said will I devised and bequeathed all my real and personal estate whatsoever to William Rendell then of Plymouth but now of East Teignmouth both in the said County of Devon and Henry Adams Beer their heirs executors administrators and assigns upon trust after payment thereout of my debts and funeral and testamentary expenses to stand seised and possessed of my said estate for the use of my dear wife during her life and after her death (which has since happened) for my nephews and nieces and their respective issue in the shares and manner therein particularly mentioned and amongst the trusts upon which the said shares should be held I thereby directed that as to one equal fifth part of my said trust estate and the income thereof the same should be held upon trust to pay the annual income thereof to my niece Elizabeth Towill the wife of William Towill of Shaldon aforesaid Master Mariner for her life and after her death upon trust for all children or the only child then living of the said Elizabeth Towill and the issue of any such child then deceased and their respective heirs executors and administrators in equal shares as between such children but the issue of any such deceased child or children to take per stirpes such share as such deceased child would have been entitled to if then living

And that as to one other equal fifth part of my said trust estate and the income thereof the same should be held upon trust to pay the annual income thereof to my nephew Charles Beer of Shaldon aforesaid Master Mariner for his life and after his death upon trust for his child children and issue corresponding to the trusts thereinbefore declared of the first fifth share in favor of the child children and issue of the said Elizabeth Towill and as to the other three shares as in my said will mentioned Now I hereby revoke and cancel the bequest and direction of and concerning the one fifth share of my said trust estate and the income thereof so given and contained in my said will in favour of my nephew Charles Beer his child children and issue as hereinbefore mentioned and in lieu thereof I direct and declare that my said Trustees or Trustee for the time being shall hold the same one fifth share of my said trust estate upon trust to pay the annual income thereof to my said nephew Charles Beer during his life and after his death to apply the whole or so much of the said income as they or he my said trustees or trustee shall think fit for and towards the education and bringing up of the two children or the only child then living of the said Charles Beer till such children or child respectively shall attain the age of fourteen years and no longer it being my intention that when and so often as either of the said two children of my said nephew Charles Beer shall attain the age of fourteen years such child shall thenceforth cease to take any benefit under the provision last hereinbefore contained and the income of the said one fifth share of my trust estate shall thereafter be applied for the education and bringing up of the other of such children only who shall not have attained the age of fourteen years But if my said nephew Charles Beer shall die without leaving either child under the age of fourteen years him surviving or from and immediately after his youngest or last surviving child shall have attained the age of fourteen years I direct and declare that the said one fifth share of my said trust estate and the income thereof shall sink into and form part of my residuary personal estate.

I direct and declare that if any or either of my said nephews or of their children or issue respectively or other person who may be become beneficially entitled under or by virtue of any bequest or provision contained in my said will or in this or any other codicil thereto shall dispute or bring into liquidation my said will or any codicil or codicils thereto or any part or parts thereof respectively or any or either of the provisions therein respectively contained that then and immediately thereupon such nephew child or other person shall thenceforth absolutely cease to be entitled and shall be incapacitated from becoming entitled to any share of my estate or other benefit derivable or to be derived at the then present or any future time by him or her under my said will or any codicil or codicils thereto And that the same share or benefit shall absolutely revert and belong to my residuary legatee or legatees other than and to the exclusion of such nephew child or other person so disputing or binging into litigation my said will or any codicil thereto or any or either of the provisions therein respectively contained as aforesaid and to whom I give and bequeath the same accordingly.

In witness whereof I have to this second codicil to my will set my hand this ninth day of January one thousand eight hundred and sixty nine. Henry Adams. Signed by the said Henry Adams as and for a second codicil to his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.J.H. Tozer, Teignmouth Gentn. Wightwick Kelly his clerk.

Certified correct,D. M. Browning
Registrar

Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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